Court Puts A Temporary Stop To Biden Administration Plan To Halt Deportations

Katie Ramirez
January 28, 2021

The Biden administration has already enacted a number of broad changes to President Trump's immigration rules with the intent of going softer on the southern border.

A Texas federal judge temporarily blocked the Biden administration's 100-day deportation moratorium on Tuesday, blocking the administration's early immigration reform goals.

The agreement between DHS and Texas also states that the department would "promote the return or removal from the United States of inadmissible and removable aliens", which Paxton says is clearly at odds with the memorandum. Texas is expected to contest Biden's agenda in a similar fashion.

The motion appeared to be the first legal action taken against the Biden administration, only six days after the inauguration of a Democratic president who has vowed to scrap most of Trump's policies, particularly in immigration.

The Justice Department declined to comment on Tuesday's court order, while DHS referred an inquiry to the White House.

Tipton's order is an early blow to the Biden Administration, which has proposed far-reaching changes sought by immigration advocates, including a plan to legalise an estimated 11 million immigrants living in the United States illegally.

Tipton's restraining order is effective for 14 days as the trial on the merits of the lawsuit against the moratorium continues.

The 100-day moratorium went into effect Friday and applied to nearly anyone who entered the US without authorization before November.

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Attorney General Paxton argued that the Biden administration's deportation moratorium is unconstitutional and violates federal immigration and administrative laws.

On January 8, Ken Cuccinelli, who was then the second-in-command at the Department of Homeland Security (DHS), signed an agreement committing the department "to consult Texas and consider its views" before changing policies governing the enforcement of federal immigration law.

The Biden administration argued in court filings that the agreement is unenforceable because "an outgoing administration can not contract away that power for an incoming administration".

Judge Tipton, a Trump appointee, said in the order that Texas has a "substantial likelihood of success" on at least two claims, including that the freeze violated federal immigration law which says authorities "shall remove" illegal immigrants with final deportation orders within 90 days, Reuters reported.

Sure Twitter, he added, "Texas is the FIRST state in the country to take legal action against Biden's administrator". Five people died in the Capitol riot, including a Capitol Police officer.

Kate Huddleston, an attorney with the American Civil Liberties Union of Texas, which filed a brief in support of the Biden administration, criticized the Texas lawsuit in a statement after the ruling.

"The administration's pause on deportations is not only lawful but necessary to ensure that families are not separated and people are not returned to danger needlessly while the new administration reviews past actions", Ms. Huddleston said in a statement.

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